Amount outstanding?? No work has been done. The damaged building is 'as is'. I have been waiting for somebody from the council or their claims team to view and formally report on it but since removal of tree in June all has gone quiet. Hence me chasing them and them informing me that I now need to fill out a claim.
Sorry Alex - my misunderstanding. The builder who has been advising me and who has done considerable work with the Conservation Office for listed buildings has given me as a ballpark figure that costs could go up to £200K.
Thank you. Ideally you would have needed a survey of the tree. This is because the court may find it useful to have a report saying about the condition of the tree as independent expert evidence.
But of course you can issue proceedings against the Council for negligence
You should to write and set out your losses and ask for a payment within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.
If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing
As the losses are significant then you would need representation at trial from a Barrister
This is what is called multi track, which is high value cases
Of course the normal rule is if you lose then you are responsible for the other sides costs, so you need to be aware of that
Can I clarify anything for you about this today please?
Thank you Alex - this has been helpful. As I mentioned I did get an independent tree report done within a few days of the incident just to cover myself if things became difficult.
To me and many I have spoken to this appears to be negligence on their behalf with regards ***** ***** inspection and management. While I appreciate it wasn't intentional it has left me in a very difficult situation. By the fact that after 4 months they organised for a company and equipment to remove the remainder of the tree from the internal aspects of the building -does this go some way to an admission of liability??